RE-OPEN PROP 8 PETITION

  • MotorBrett

    Posts: 145

    Nov 06, 2008 8:23 AM GMT


    http://www.petitiononline.com/seg5130/petition.html

    PLEASE SIGN & PASS ALONG
  • Posted by a hidden member.
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    Nov 06, 2008 12:40 PM GMT
    convenient clickable link

    Eligible signatories: Residents of California, 18 and over.

    That sucks, especially since so much of the money for and against came from outside California.
  • EricLA

    Posts: 3461

    Nov 06, 2008 5:32 PM GMT
    I don't believe the governor of California has any jurisdiction "re-opening" a ballot initiative. He's powerless. It looks like the lawsuits challenging the legality of a change to the constitution are the only route at the moment.
  • MotorBrett

    Posts: 145

    Nov 07, 2008 2:59 AM GMT
    EricLA saidI don't believe the governor of California has any jurisdiction "re-opening" a ballot initiative. He's powerless. It looks like the lawsuits challenging the legality of a change to the constitution are the only route at the moment.


    Actually, you're wrong.

    CALIFORNIA CONSTITUTION
    ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL

    SEC. 8. (a) The initiative is the power of the electors to propose
    statutes and amendments to the Constitution and to adopt or reject
    them.
    (b) An initiative measure may be proposed by presenting to the
    Secretary of State a petition that sets forth the text of the
    proposed statute or amendment to the Constitution and is certified to
    have been signed by electors equal in number to
    5 percent in the
    case of a statute, and 8 percent in the case of an amendment to the
    Constitution, of the votes for all candidates for Governor at the
    last gubernatorial election.
    (c) The Secretary of State shall then submit the measure at the
    next general election held at least 131 days after it qualifies or at
    any special statewide election held prior to that general election.
    The Governor may call a special statewide election for the measure.


    http://www.petitiononline.com/seg5130/petition.html

    PLEASE SIGN & PASS ALONG!!


    California residents only, please. =(
  • MotorBrett

    Posts: 145

    Nov 07, 2008 3:12 AM GMT
    McGay saidconvenient clickable link

    Eligible signatories: Residents of California, 18 and over.

    That sucks, especially since so much of the money for and against came from outside California.


    http://www.eqca.org can still use your money for this fight if you want to donate and you are from out of state.
  • MotorBrett

    Posts: 145

    Nov 07, 2008 3:43 AM GMT
    str8hardbody saidThe people (VOTERS) had spoken and PASSED Prop 8 and we have to deal with it. Even you protest or rally you can't do anything about it unless we vote again. Let just respect the decision of the VOTERS!


    THAT IS A CROCK OF SHIT, PUSSIED OUT RESPONSE if I have every heard one! I guess blacks should just sit back and be slaves still?!?? You can't vote out minority rights, buddy. It's unconstitutional and morally wrong. Protests and marches are how blacks overthrew Jim Crow laws and segregation. Take a history lesson before you roll over and choose to let some bigots determine my life!!

    And, acctually you can and should have this issue come up by vote again. It is reasonable to assume, that many people will actually change their minds over time and relatively soon, due to the marches and public outcry against the Prop 8 passage.

    Unless, that is, Prop 8 gets nullified in the courts for being sold as a constitutional amendment whereas to negate the Article 1, the Equal Protections base of the CA Constitution you would actually have to have had a Constitutional REVISION which would have been started in the Legislature. And Prop 8 was not started in the Legislature There is a good possibility of this happening from past amendments being thrown out, and from everything I've been reading.
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    Nov 07, 2008 3:57 AM GMT
    MotorBrett said
    Unless, that is, Prop 8 gets nullified in the courts for being sold as a constitutional amendment whereas to negate the Article 1, the Equal Protections base of the CA Constitution you would actually have to have had a Constitutional REVISION which would have been started in the Legislature.


    Exactly, MotorBrett. We have so many allies in this fight now. This proposition barely won, and many straight people are as upset by this as we are.

    I disagree with straighthardbody.
    The fact that the proposition passed, does not mean we have to be happy about it and sit on our hands.

    Though I don't believe that any violent confrontation will do anything but alienate many people. But I do believe that non-violent protests/demonstrations will indeed have some positive results.


    By the way, congrats and thanks to MotorBrett for lots of good angles on the legal aspects of this. This war is not lost, guys, and even this battle was a near draw.

    I say go after the Catholic and Mormon Church. Don't frequent businesses who contributed to Yes on 8. Contribute to No on 8.

    And the more reasonable arguments Arnold hears, the better. I actually think he is further over the fence towards our side on this than people think. You think he wants to be allied with the far right Christian wackos who were behind Yes on 8 even though he's Republican.

    Doing these things is far from being passive. I just believe that any violence will not serve the cause at this point, now that we were an inch from victory.

    John

    P.S. I signed the petition.
  • Posted by a hidden member.
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    Nov 07, 2008 4:07 AM GMT
    In Eugene Volokh's blog today, he examined the relevant judicial precedents for overturning California initiatives and constitutional amendments and concludes--

    --that it will probably fail.
  • MotorBrett

    Posts: 145

    Nov 07, 2008 4:13 AM GMT
    jprichva saidIn Eugene Volokh's blog today, he examined the relevant judicial precedents for overturning California initiatives and constitutional amendments and concludes--

    --that it will probably fail.


    Do you have the link to that?
  • Posted by a hidden member.
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    Nov 07, 2008 4:23 AM GMT
    http://www.volokh.com/posts/1225907782.shtml

    Sorry, I don't know how to embed the link. But that's the URL.
  • Posted by a hidden member.
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    Nov 07, 2008 4:24 AM GMT
    http://www.volokh.com/posts/1225907782.shtml
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    Nov 07, 2008 4:26 AM GMT
    Wow Brett you sound so intelligent, articulate, and confident it's hard to imagine it coming from such a hott guy....but I get distracted, sign the petition guys! icon_razz.gif

  • Posted by a hidden member.
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    Nov 07, 2008 4:27 AM GMT
    jprichva saidIn Eugene Volokh's blog today, he examined the relevant judicial precedents for overturning California initiatives and constitutional amendments and concludes--

    --that it will probably fail.


    I just read through the link you provided. I don't see that as having a summary of judicial precedents. What I see is a discussion of what happens to the existing single sex marriages.

    Are you sure this is the right link?

    John
  • Posted by a hidden member.
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    Nov 07, 2008 4:28 AM GMT
    Thanks fastprof.

    I may actually one day have to learn how these newfangled computer things actually work. But then I'd have to retire my abacus.
  • Posted by a hidden member.
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    Nov 07, 2008 4:28 AM GMT
    Let me look again....I read it this morning and it cited actual case law.
  • Posted by a hidden member.
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    Nov 07, 2008 4:33 AM GMT
    Try this one:

    http://volokh.com/archives/archive_2008_11_02-2008_11_08.shtml#1225923130

    It's not at the top of the page but it's in there.
  • Posted by a hidden member.
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    Nov 07, 2008 4:47 AM GMT
    http://volokh.com/archives/archive_2008_11_02-2008_11_08.shtml#1225923130
  • MotorBrett

    Posts: 145

    Nov 07, 2008 4:56 AM GMT
    Thanks guys!! Everyone keep up the hard work, and I will post any new information.

    Please try to attend any rallies in your city or neighborhood.

    We can only change the system if we push the system to change!!
    icon_biggrin.gif
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    Nov 07, 2008 5:01 AM GMT
    str8hardbody saidThe people (VOTERS) have spoken and PASSED Prop 8 and we have to deal with it. Even you protest or rally you can't do anything about it unless we vote again. Let just respect the decision of the VOTERS!


    Bullshit man. What if we allowed ethnic minority/womens voting rights to be left up to voters?

    Human rights should never be up for voting.